The Debtor Is In Prison
Bailiffs cannot enforce debts against anyone in prison.
Under Paragraph 7.1 of Schedule 12 to the Tribunals Courts and Enforcement Act 2007 (Schedule 12), the bailiff must give the debtor a Notice of Enforcement (NOE) at least seven days before removing goods or taking a money transfer. Bailiffs will find it challenging to give notice to a person who is in prison.
Under Paragraph 14(6) of Schedule 12, bailiffs are limited to taking control of the debtor's goods where he lives. Bailiffs do not have the authority to enter the prison to remove goods, and any enforcement taken at the prisoner's home is invalid because he does not live there.
To address the situation, first, gather the following information:
Template: Inform the bailiff company and the bailiff of the debtor’s imprisonment.
Be sure to attach any supporting evidence and capture screenshots of both the email and text message, noting the time you sent it, and include these as evidence.
Should the bailiffs continue to harass or pester the household about a debt owed by someone in prison, the household has the option to apply for an injunction to prevent further harassment.